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How an embattled energy storage project in Acton, California, is threatening faster federal permits.

One hour north of Los Angeles, the small town of Acton is experiencing a battery energy storage buildout — and quickly becoming the must-watch frontline in the backlash against lithium-ion energy storage systems. The flashpoint: wildfires.
Like many parts of California, Acton has hot summers with heavy winds, putting it at elevated risk of the kind blaze that makes national headlines. Battery storage fires, while rare, are a unique threat, with relatively little data available about them to help regulators or the public understand the risk. People in Acton wondered: Would they really be safe if a wildfire engulfed a battery storage site, or if a battery failure sparked a new conflagration?
When L.A. County blessed the first battery energy storage system project in Acton last year, developers and local fire officials said they were doing everything in their power to ensure the batteries would meet safety standards. Residents were far from convinced.
“This will turn our community into industrial hell and it’ll erase us from the face of the Earth,” Jacqueline Ayer, a member of Acton’s town council, told me. Ayer is helping lead the local fight against the projects.
I’ve now spent more than a month researching the fight in Acton. In the process, I’ve learned how much — or little — we know about when battery energy storage and wildfires mix. We’ll get to that later in this story. To be honest, debunking battery fire risk wasn’t why I spent a month on Acton. It was what happened when the fears took hold.
Feeling they’d been failed by both the regulatory approval process and the court system, the Acton project’s opponents turned to their representative in Washington, House Republican Mike Garcia. Though Garcia can’t do anything to stop this particular project, he can severely hinder future ones: As Heatmap can exclusively report, after lobbying from Acton, Garcia inserted language into the annual funding bill for the Department of Energy that would block it from implementing a new rule designed to expedite permits for federally funded battery projects.
“What we’re hoping is that [with Garcia] being at the federal level, he’ll shed some light to the people at the top,” said Ruthie Brock of the activist group Acton Takes Action, “because if the top becomes informed, it’ll trickle down to local governments.”
This is why the Acton fight is so important — it demonstrates the risk of failing to obtain community buy-in, which can ricochet in ways no one intended. The political and media environments are quick to sensationalize the downsides of renewable energy, creating a tinderbox atmosphere in which small local fights can quickly become national ones.
On some level, a fight over battery fires going national was inevitable. Across the country, from New York to Washington state, communities are revolting against battery energy storage sites coming to their backyards. Often, those opposed cite the feared threat of fires or explosions.
Fires in battery energy storage systems, a.k.a. BESS, are quite rare. According to what data is available, the number of fires has stayed relatively flat even as deployment has grown drastically. There were fewer than 10 failure events in the U.S. in 2023, and there have been even fewer so far this year.
But when a fire does happen, experts say it can be quite difficult to put out. In some cases, there’s nothing a community can do other than let the blaze run.
“There’s a lack of consensus. There’s a lot of experts out there providing guidance, and that’s something we’re trying to work on with training throughout the country,” Victoria Hutchinson, an engineer with the Fire Protection Research Foundation, told me. “[It’ll] instill some fear in the meantime we figure out the best approach.”
Information on BESS and wildfires is even less available. Guillermo Rein, a professor of fire science and the editor-in-chief of the journal Fire Technology, told me the matter has not really been studied.
“When I say [BESS are] new, I mean really new,” Rein said. “We hardly know how it works when it gets [on] fire and we don’t have many technologies that are proven to work. We have technologies that we wish will work, but proven technologies that work are very rare. That means we have a new hazard we are struggling to understand and in the meantime, we don’t know how to protect against it.”
Los Angeles County approved Acton’s first battery storage system — Humidor, a 300 megawatt project by Hecate Energy — last summer through an expedited “ministerial” process, the local equivalent of a “categorical exclusion” under the National Environmental Policy Act. Ministerial reviews and categorical exclusions are used by regulators to skip the drawn out process of an environmental review because they can reasonably predict a lack of significant impact. Joseph Horvath, a spokesperson for L.A. County Planning, gave me a statement defending the approval and stating BESS projects must meet all local and state zoning and fire codes to receive a ministerial approval.
California had identified the Acton community back in 2021 as a potential site for energy storage to protect against future power shut offs. Acton made sense because it’s close to the SoCal Edison Vincent substation, making it well positioned to connect to the grid. There was also a real sense of urgency: To achieve its goal of 100% carbon-free electricity by 2045, the state estimates it will need to install a projected 52,000 megawatts or more of battery storage. Humidor is the first of what appears to be multiple projects being planned for the area, including two more Hecate facilities according to materials on the company’s website.
Convinced that a battery boom could mix poorly with extreme fire risk, and that the county moved far too fast to approve Humidor, Acton residents sued. The county, they argued, had little reason to conclude the facility would have an insignificant impact on the environment — so few BESS projects have been approved that the county used the standards from a different kind of project — an electrical substation — to draw that conclusion. L.A. County Planning told me they chose this comparison for reasons including the “purpose of BESS and its connection to the larger network for distributive purposes.”
Rein told me that at least when it comes to the fire risk, this isn’t an accurate comparison, and that there’s not actually enough data to claim such a facility would have an insignificant impact. “I would put great efforts into making sure this facility is safe,” he said. “They can’t just say, I met the regulation, I did enough. Because it’s a new hazard.”
Many of those in Acton opposed to the project believe the approval was rushed, and claim that little information was made available to the public as it was going through the county’s process. Furious residents have told county planners that the Acton town council was not notified in advance that an approval was on its way. They testified before the county board of supervisors that Hecate held only a single public meeting to discuss what it intended to build, with little notice given to potentially concerned citizens.
In my experience as a journalist reporting on large energy projects with serious community impacts, transparency is key to getting local buy-in to build a project. For years I covered the mining industry, where innumerable decades of toxic waste spills and labor scandals have forced companies to really innovate and spend serious dough on obtaining “social license to operate,” a term developers and investors use to describe acceptance to a company’s business practices.
This, of course, differs from the YIMBY school of thought that companies and governments should eschew frustrated municipalities to pursue the overriding net good of climate action. There are certainly merits to this argument, especially when it comes to communities that won’t take yes for an answer, and we’ll be exploring case studies supporting that view in future editions of The Fight.
I’m on the fence about whether Acton is one of those cases, though. Ayer, an environmental engineer by trade, told me she supports decarbonization and wants to see climate action happen. She just wants to feel assured the technology is safe.
If it wasn’t a lithium-ion battery storage facility “I would feel comfortable,” she said. “We will shoulder some of the weight. But it isn’t right that we shoulder all of the weight.”
When I tried to talk to Hecate about Acton’s wildfire concerns and how the company had engaged with the community, a company spokesperson, Bobby Howard, declined to make anyone available for an interview citing “ongoing litigation related to the subject.” Howard provided a factbook that said only that Humidor would “meet or exceed” local and state fire codes — without specifying which codes — and detailed some of the outreach the company did, including the public meeting as well as mailers to “thousands of individuals throughout the greater Los Angeles area, including civically engaged individuals throughout Acton.”
Howard declined to answer questions requesting more information about the company’s public outreach and wildfire planning. He did tell the Los Angeles Times earlier this year that Humidor would have “seismic bracing, safety zones around the perimeter, substantial setbacks from parcel boundaries, gravel breaks and a masonry wall around the facility.”
Stanford University senior research scholar and legal energy expert Michael Wara explained to me that in cases like these, having buy-in from the community is important to avoiding litigation and social blowback. “That is losing,” Wara said. “You have not served your client if you end up in litigation.”
“Having a process by which people are informed about a project and have an opportunity to provide input is important for buy-in for all kinds of projects related to the energy transition if you want to build in a democratic society,” he said. “Is it really the fire risk the community is concerned about?”
When it comes to the Acton battery fight, it’s the fears of fire that scare me the most, not the fire itself.
I sought reasons to be optimistic about putting battery energy storage in areas like Acton that are prone to wildfire because, well, California is essentially one big fire risk zone. James Campbell, a wildfire policy expert at the Federation of American Scientists, told me that battery energy storage decreases net wildfire risk compared to gas storage tanks and pipelines. “If we consider the whole-climate trade-offs, battery systems are much safer,” he said.
On its end, Hecate claimed in a letter to the L.A. County Board of Supervisors that a BESS fire has never traveled off-site, and that because the fires are fueled by flammable gasses, there is minimal risk of embers traveling elsewhere and igniting grass or bushes. The company pointed me to this letter when I reached out for comment.
“Nothing about fire risk mitigation is about certainty. It’s more, risk mitigation and fire is kind of like wearing a seatbelt,” Wara told me. “If you’re going 120 miles an hour down the highway and you get in a high-speed collision, your seatbelt will not save you. [But] there’s rapid advances in how these systems work.”
In the end, he added, meeting California’s carbon emissions targets will “probably mean building somewhere that there is non-trivial wildfire risk.”
What’s happening to offshore wind should be a cautionary tale for developers considering whether sinking time and money into community relations is really worth it: Last year, coastal fishermen and beach town mayors in New Jersey joined forces with fossil fuel funding and right-wing agitators to foment a conspiracy-infused campaign against offshore wind that has truly rattled the future of the industry.
Part of that offshore wind backlash grew out of New Jersey Republicans in Congress using the pulpit of their offices and filing amendments to legislation. As Garcia takes up Acton’s cause, I do wonder whether battery energy storage might be next. November’s election makes it less likely his language hindering expedited approvals for BESS projects will make it into the final funding bill, and Garcia’s office did not respond to requests to discuss its prospects.
But regardless, it’s an ember that could become a fire of its own.
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Talking with National Grid’s Matthew Satterwhite about his new report with S&P Global.
This week’s conversation is with Matthew Satterwhite, head of U.S. policy for National Grid. This week National Grid released a report in collaboration with S&P Global I found noteworthy amidst the data center backlash, asserting that building new transmission lines can potentially reduce consumer costs. I reached out asking if we could chat about how this argument leans into the fight over hyperscale infrastructure. I found our conversation illuminating and educational.
The following Q&A was lightly edited for clarity.
Why did you make this report?
It’s all focused on our customers. We’re always looking to find ways to make sure we can provide our service in the most affordable way possible, the most efficient way possible, and we always think of transmission, but it’s fallen out of favor recently. There’s so much demand with large loads, data centers, advanced manufacturing, reshoring. There’s such a need, and a lot of the debate has been focused on what we need on the generation side. We think transmission is an answer, as well.
We focused on what we have control over — since we’re in deregulated states, the only generation we’re doing is to help states reach their renewable goals. It’s a real page-turner. We really get to the core of everything.
Can we lower customer bills with transmission? This report actually showed us that’s a good investment and helps with the resource adequacy and the constraint problems we have in the Northeast. You can bring cheaper electricity in.
With respect to concerns for everyday consumers, how much do you feel like new transmission might alleviate ordinary Americans’ concerns about rising energy prices?
When you look at the demand that’s coming, the projection is that by 2035, we’ll have to add 45 gigawatts, currently. We’re on that path right now. Transmission alone isn’t going to meet that, but the question is, how do we temper that down? What do we do as National Grid to help alleviate the need for all that demand? Can we get that somewhere else rather than in the region by building generation? It's a different version of all of the above. It’s not a generation single answer or a transmission single answer. We think transmission is a big part of that.
This also allows you to bring in cleaner energy from other places. The more robust the network is, you can have energy in different places and bring that in. It replaces the need for some of the generation to be built and pays for itself by creating a cheaper return for customers adding this.
How much of the data center backlash is affecting your transmission project planning calculus? How is it changing what lines are built in the country?
We’re focused on how we can provide the cheapest service for our customers and physics. It’s science and long-term planning. We don’t have the luxury — we can’t follow, this month we’re thinking something, someone got mad, and so we’re thinking something else. We study a lot of science and physics to figure out how to build the grid.
Do you feel like the average Joe Schmoe American sees transmission as making their life less expensive and making their electricity more reliable?
I think there’s frustration and a lack of understanding about the industry overall. There’s fear of the unknown. Are data centers really driving everything that’s happening? That’s where I think, with reports like this, the benefit of it will be that people will read this and see there’s other things we can do to address the load that we need, something different than building a bunch of generation plants.
How do the question marks around whether data centers get built affect transmission planning? How much harder is the backlash making your job?
It’s a science question. Do we do a bunch of work and then nothing happens? That’s why states put their policies out. There’s multiple studies you go through with a region and with a utility. I think that’s one reason why you see states slowing down, to make sure the policy is in check so people don’t do work they don’t need to do. It’s about having the policy to make sure, if you’re studying something, you’re doing it with a purpose.
Plus more of the week’s biggest development fights.
1. Clark County, Nevada – The first data center approved on federal lands has hit a legal brick wall.
2. Jackson County, Missouri – We have yet another high-profile case of a city councilor losing their job over voting for a data center, and this one’s a doozy.
3. Utah – What’s it take for the Bureau of Land Management to approve a big transmission line for zero-emission energy generation these days? Geothermal, baby.
4. Huntsville, Alabama – You can’t even build a tiny battery storage facility in the middle of Alabama anymore.
Where temporary moratoria could happen next.
Brace yourself for more statewide data center moratoria.
So far there are only two full state-wide blocks on data center permits, in New York and Texas. At least fifteen states have moratorium legislation in the pipeline, but few if any of those bills stand a chance of becoming law in the short term. Here are five states, however, where a broad development pause may gain momentum in the next year or two — and all of them are crucial to watch this November.
If you blinked you may have missed it: New Hampshire Governor Kelly Ayotte, a Republican, said she wants to enact a statewide data center moratorium.
Ayotte first came out in support of a pause last month at a Rotary Club meeting, declaring, “It does not make any sense at all to site a data center in New Hampshire.” She also reportedly plans to include a moratorium proposal in her upcoming 2027 fiscal budget. New Hampshire’s legislative sessions occur in the first half of the year, so we won’t see action on a moratorium bill this fall. But Ayotte’s statements suggest the Granite State — which is controlled by the GOP — could pivot to a pause very soon.
New Hampshire has very few data centers. Like, almost none. Only two project fights exist in the Heatmap Pro database, both in Portsmouth, and each has been canceled amidst opposition. Ayotte’s remarks were prompted by the fight against a hyperscale project being studied in the small town of Bow at a former coal plant that closed in late 2025.
None of this should surprise anyone familiar with New England NIMBYs. A New Hampshire moratorium also makes sense given the state’s proximity to Maine, which almost had one of its own. Ayotte, who is up for re-election this year, is likely looking at the political fortunes of Governor Janet Mills and trying to avoid potholes ahead of a likely blue wave hitting her state.
This week, Arizona Attorney General Kris Mayes, a Democrat, came out in support of a statewide data center moratorium.
Mayes told Arizonans in a public statement on Monday that she wants to avoid undue strain on the electric grid and adding to the burden of water cuts led by the Trump administration. Phoenix, where opposition grows by the day, seems to be the primary reason. This shouldn’t in any way be a surprise given the backlash to these projects, which in Arizona’s case is rooted in legitimate water security concerns.
One of the first high-profile data center conflicts I ever learned about was in Arizona: Project Blue, which had to move on from the city of Tucson after officials voted it down last summer. That led Amazon to bail from the facility, though it’s still under development elsewhere on county land. Locals are deeply concerned about the water impacts.
Ordinarily an attorney general wouldn’t have any sway on legislative or executive policy, but the state is already quite receptive to restricting data center development. Governor Katie Hobbs has enacted a three-year pause on tax abatements for data centers, and in response to requests for comment on Mayes’ statement, has told media she’s working on more policies targeting the sector. Hobbs has said she will do more in the following legislative session, but it’s not clear what.
The real decisive action here is probably going to be legislation, and that will depend on the reception any moratorium finds with Republicans in the state legislature, which is typically split in this purple state. The Arizona GOP is quite pro-industry, and Mayes’ opponent in her race for re-election opposes restricting data center construction.
You really should get to know the name Cindy Holscher for the next two months.
Holscher, a state senator, won a surprise upset victory in the Democratic gubernatorial primary this year, and currently sits within a one-point margin of her Republican opponent. How’d she get the nom? By calling for a statewide data center moratorium. “It reminds me of when the automobile manufacturers had to put seatbelts into their cars,“ Holscher told MSNOW after she won the primary. “We as a people and as a state just need to make sure there are guardrails in place.”
Kansas politics are weird. The state is best known as a conservative ideological bastion that’s pro-business. Full Republican control of the Kansas government during the Obama era led to significant social services cuts most closely associated with former Governor Sam Brownback. But after that, Kansans seemed to like moderate Democratic governors, electing Laura Kelly in 2022. Kelly is now term limited out of office.
Kansas already has a colorful patchwork of local data center and renewable energy restrictions. Land use is a big deal in this agricultural behemoth. Should Holscher win in a blue wave year, she would have a mandate to enact a statewide moratorium. Still, Republicans control the legislature, and that’s unlikely to change. My major questions are, should Holscher win, would the GOP in state government listen to Holscher’s request? Or can she do this through the executive branch?
Politics nerds are obsessing over Ohio right now. There, Trump acolyte Vivek Ramaswamy is neck-and-neck in the polls for governor with a Democratic candidate who backs a “conditional” data center moratorium: Amy Acton.
What’s a conditional moratorium? It’s in the eye of the beholder, really. Technically speaking, Governor Josh Shapiro instituted a conditional moratorium in Pennsylvania, where data center projects cannot get permits unless they meet very specific standards set by the governor himself. Shapiro did it through executive action, but in this case, it’s unclear whether the moratorium will be codified through that process or through law.
Should Acton win — or if former Senator Sherrod Brown defeats sitting Senator Jon Husted in the U.S. Senate race — I anticipate major legislative action on data centers in Ohio. Republicans there have essentially permanent control of the state legislature, and they’ve historically been pro-data center. But the freakout over opposition to artificial intelligence and hyperscalers in the senate race specifically has spooked national Republicans, who think it provided the opening Brown needed to potentially win back his seat. Acton and Brown’s political fortunes appear to be wedded to one another, linked to a general angst in the American public.
Every top 5 list needs a wild card, and mine is Oklahoma.
Currently, there’s minimal risk of a data center moratorium. I might’ve had this state higher on my list had Gentner Drummond won the runoff for the GOP gubernatorial primary, given his proclivity to side with anti-renewables activists who also oppose data centers. Instead, likely future governor Mike Mazzei is running on a more moderate, Trump-friendly approach to data centers centered on maintaining industry growth while protecting ratepayers from new infrastructure costs. His opponent, Cyndi Munson, supports a one-year moratorium.
I consider Oklahoma’s odds of having a data center moratorium about equal to the chance of a statewide wind energy ban. Momentum for anti-wind legislation began in the state legislature, and I expect the same to happen with data centers. But unlike the wind industry, which has enormous power in the state, data centers are still a nascent industry. This is a place that may take about two or three years to manifest full cultural upheaval over these projects.